MIDTERM PART 2 Flashcards by Agatha Ofrecio

–the government agency task with the drug enforcement in the PH

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-shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered for proper disposition in the following manner:

PDEA (PHILIPPINE DRUG ENFORMENT AGENCY)

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The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a _____________ who shall be required to sign the copies of the inventory and be given a copy thereof

representative from the media and the

Department of Justice (DOJ) and

any elected public official

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Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the _________ for a qualitative and quantitative examination;

PDEA Forensic Laboratory

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Within _____ upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;

twenty-four (24) hours

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A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within ___ after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours;

twenty-four (24) hours

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After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an _______ of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official.

ocular inspection

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The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;

PDEA (PHILIPPINE DRUG ENFORMENT AGENCY)

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The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board;

PDEA (PHILIPPINE DRUG ENFORMENT AGENCY)

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the application of scientific principles to answer questions of interest in the legal system.

FORENSICS OR MICROANALYSIS

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evidence found at a crime scene in small but measurable amounts such as hairs, fibers, soils, botanical materials, explosive residue.

TRACE EVIDENCE

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-Applied most often in the examination of Trace Evidence to solve crimes based on the Principle of Contact.

FORENSICS OR MICROANALYSIS

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every person who is physically involved in a crime leaves some minute trace of his/her presence in the crime scene or in the victim and often takes something away from the crime scene and/or victim

PRINCIPLE OF CONTACT

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The purpose is two-fold:

(a) to /ensure preserve the Identity of the Object which is to prevent the introduction of a different object and

(b) to ensure/preserve the Integrity of the Object which is to ensure that there are no significant changes or alterations in the condition of the object or that the object has not been contaminated.

PROOF OF AUTHENTICATION

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INHERENT REQUIREMENTS: Proof of

RELEVANCY
and 2. COMPETENCY

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it represents the real object evidence.

DEMONSTRATIVE EVIDENCE

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The process of proving that the object being presented in court is the very object involved in the event.

PROOF OF AUTHENTICATION

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-i.e physical objects, which illustrate a matter of importance to the case but are not the very objects involved in the case.

TANGIBLE EVIDENCE

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-They merely illustrate or represent or emphasize, visualize or make more vivid what a party desires to emphasize. (visual aids)

TANGIBLE EVIDENCE

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-By proving that there was no break in the Chain-of-Custody (movement of the object from one person to another) in the event the object passed into the possession of different persons.

PROOF OF IDENTITY AND INTEGRITY

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-This means proving the chronological sequence through which the object was handled only by persons who, by reason of their function or office, can reasonably be expected to have the right or duty to possess or handle the object.

PROOF OF IDENTITY AND INTEGRITY

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-This is done by calling each of these persons to explain how and why he came into the possession of the object and what he did with the object.

PROOF OF IDENTITY AND INTEGRITY

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-When the object passed into the possession of a stranger, then there is doubt as to the integrity, if not identity of the object.

PROOF OF IDENTITY AND INTEGRITY

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By proving the Proper Preservation and Custody of the object which consist of showing that the object was kept in a secure place as to make contamination or alteration difficult, and it has not been brought out until its presentment in court

PROOF OF INTEGRITY

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- the general rule is that a person may not be compelled to produce a sample of his ____ as basis for determining his criminal liability as the author of a certain written document.

HANDWRITINGS

is not a mere mechanical act but involves the application of the intellect. However, (exception) if the accused testifies in his own behalf and denies authorship, he maybe compelled to give a sample of his

HANDWRITINGS

In cases of ___________: (i) the condition of the thing or place must not have been altered (ii) there be prior notice of the date, time and place given to the parties because the inspection is still part of the trial.

ocular inspections

In ______, (506 SCRA 219, Oct. 30, 2006) “The non- presentation of the subject firearm is not fatal for the prosecution as long as the existence of the firearm can be established by testimony”

PP. vs. Taan

-The U.S. Supreme Court, in the case of ___________ came up with a test of reliability and directed that trial judges are to consider four factors when determining the admissibility of scientific evidence, to wit:

Daubert vs. Menell Dow Pharmaceuticals (1993)

- although they are not conclusive that a person did or did not fire a gun

PARAFFIN TESTS

This Daubert Test was adopted by the _________ when it finally accepted the result of DNA testing as admissible evidence.

Philippine Supreme Court

- The result is not admissible as evidence in the Philippines

LIE DETECTION TEST

to determine whether a bullet was fired from a particular gun

FIREARMS IDENTIFICATION EVIDENCE OR BALLISTIC TEST

-is a molecule found inside all living cells which carries the genetic information that is responsible for all cellular processes.

DNA (DEOXYRIBONUCLEIC ACID)

- material collected from the scene of the crime, from the victim‟s body or that of the suspect/subject

Evidence Sample

- the process of extracting and analyzing the DNA of a biological sample taken from an individual or found in a crime scene.

DNA TYPING

* Non-compliance with Sec. 21 of R.A. 9165 shall not render void and invalid seizures of and custody over objects provided that (1) the non-compliance must be because of justifiable grounds, and (2) the apprehending officer/team must have properly ________

preserved the integrity and evidentiary value of the seized items.

material taken from the victim or subject

Reference Sample

- the process of matching or comparing the DNA profiles of the Evidence Sample and the Reference Sample.

DNA MATCHING

the result of the process which is unique in every individual except as to identical twins

DNA PROFILE

-The purpose is to ascertain whether an association exists between the two samples

DNA MATCHING

-This conclusion is absolute and requires no further analysis or discussion.

EXCLUSION

-the samples are different and must have originated from different sources.

EXCLUSION

-it is not possible to be sure, whether the samples have similar DNA types.

INCONLUSIVE

-This might be due to various reasons including degradation, contamination or failure of some aspect of the protocol.

INCONLUSIVE

-Various parts of the analysis might then be repeated with the same or different samples to attain a more conclusive result.

INCONLUSIVE

_________ AND _________- adopting the Dauber Test settled the admissibility of DNA tests as object evidence this wise:

PP vs. VALLEJO ( May 2002) and PP vs. YATAR ( 428 SCRA 504)

- the samples are similar and could have originated from the same source. In such case the analyst proceeds to determine the statistical significance of the similarity.

INCLUSION

- This was reiterated in HERRERA vs. ALBA on

June 11, 2005.

The ______ is simply against the legal processes of extracting from the lips of the accused an admission of guilt.

right against self- incrimination

To identify potential suspects or exclude persons wrongfully accused

DNA

To identify victims of crimes or catastrophes

DNA

To establish paternity and family relations

DNA

-means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body.

DNA

-means any organic material originating from a person’s body, even if found in inanimate objects, that is susceptible to DNA testing. -This includes blood, saliva and other body fluids, tissues, hairs and bones;

“BIOLOGICAL SAMPLE”

-The totality of an individual’s DNA is unique for the individual, except identical twins;

DNA

-means verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis); and

“DNA TESTING”

-constitutes the totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples;

“DNA EVIDENCE”

-means genetic information derived from DNA testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person;

DNA PROFILE

-means the numerical estimate for the likelihood of parentage of a putative parent compared with the probability of a random match of two unrelated individuals in a given population.

“PROBABILITY OF PARENTAGE”

The _______: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to DNA testing, but the results may require confirmation for good reasons;

biological sample

exists that is relevant to the case;

biological sample

The ____ uses a scientifically valid technique;

DNA testing

has the scientific potential to produce new information that is relevant to the proper resolution of the case; and

DNA testing

The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity of the ____

DNA testing

– The appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA testing.

Application for DNA Testing Order

– If the court finds that the requirements in Section 4 hereof have been complied with, the court shall

DNA Testing Order

The grant of DNA testing application shall not be construed as an _______ into evidence of any component of the DNA evidence that may be obtained as a result thereof.

automatic admission

Order, where appropriate, that biological samples be taken from any person or crime scene evidence;

Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing process and the reliability of the test results, including the condition that the DNA test results shall be simultaneously disclosed to parties involved in the case; and

If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other or the adverse party and where additional biological samples of the same kind can no longer be obtained, issue an order requiring all parties to the case or proceedings to witness the DNA testing to be conducted.

DNA Testing Order

An order granting the DNA testing shall be immediately ______ and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order.

executory

may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of conviction.

Post-conviction DNA Testing

The _____, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples;

chair of custody

The _______, including the procedure followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;

DNA testing methodology

The _____, including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; and

forensic DNA laboratory

– DNA profiles and all results or other information obtained from DNA testing shall be

confidential

is merely corroborative evidence, neither proving nor disproving that a person did indeed fire a gun. The positive or negative results of the test can be influenced by certain factors, such as the wearing of gloves by the subject, perspiration of the hands, wind direction, wind velocity, humidity, climate conditions, the length of the barrel of the firearm, or the open or closed trigger guard of the firearm. (People v. Buduhan, 561 SCRA 337)

paraffin test

Courts uniformly reject the results of ________ when offered in evidence for the purpose of establishing the guilt or innocence of one accused of a crime because it has not yet attained scientific acceptance as a reliable and accurate means of ascertaining truth or deception. (U.S. v. Tedder)

polygraph tests

consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. (n)

DOCUMENTARY EVIDENCE

A _________ may be offered and admitted in evidence both as documentary evidence and as object evidence depending on the purpose for which the document is offered.

PRIVATE DOCUMENT

The basic premise justifying the rule is the need to present to the court the exact words of a writing where a slight variation of words may mean a great difference in rights.

BEST EVIDENCE RULE / ORIGINAL DOCUMENT RULE

If offered to prove its existence, condition or for any purpose other than the contents of a document, the same is considered as an _______ .

OBJECT EVIDENCE

When the private document is offered as proof of its contents, the same is considered as ___________.

documentary evidence

An _______ for the rule is the prevention and detection if fraud.

ancillary justification

The rule is also justified by the need to avoid unintentional or intentional mistaken transmissions of the contents of a document through the introduction of selected potions of a writing to which the adverse party has no full access.

BEST EVIDENCE RULE / ORIGINAL DOCUMENT RULE

The underlying purpose of this is the prevention of fraud or mistake in the proof of the contents of a writing.

BEST EVIDENCE RULE / ORIGINAL DOCUMENT RULE

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the?

original document

applies only in documentary evidence.

BEST EVIDENCE RULE / ORIGINAL DOCUMENT RULE

There is no reason to apply the _______ when the issue does not involve the contents of a writing.

“best evidence” rule

The _______ applies only where the content of the document is the subject of the inquiry. (Arceo v. People, 495 SCRA 204)

best evidence rule

Section 3. Original document must be produced; exceptions:

(A) WHEN THE ORIGINAL HAS BEEN LOST OR DESTROYED, OR CANNOT BE PRODUCED IN COURT, WITHOUT BAD FAITH ON THE PART OF THE OFFEROR; (B) WHEN THE ORIGINAL IS IN THE CUSTODY OR UNDER THE CONTROL OF THE PARTY AGAINST WHOM THE EVIDENCE IS OFFERED, AND THE LATTER FAILS TO PRODUCE IT AFTER REASONABLE NOTICE; (C) WHEN THE ORIGINAL CONSISTS OF NUMEROUS ACCOUNTS OR OTHER DOCUMENTS WHICH CANNOT BE EXAMINED IN COURT WITHOUT GREAT LOSS OF TIME AND THE FACT SOUGHT TO BE ESTABLISHED FROM THEM IS ONLY THE GENERAL RESULT OF THE WHOLE; AND (D) WHEN THE ORIGINAL IS A PUBLIC RECORD IN THE CUSTODY OF A PUBLIC OFFICER OR IS RECORDED IN A PUBLIC OFFICE.

The ________may be waived if not raised in the trial.

best evidence rule

The ______ is one the contents of which are the subject of inquiry.

original of the document

When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as

Original of document

When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as

Original of document

is not the priority.

SECONDARY EVIDENCE

— When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the __

order stated

*The hierarchy of preferred _____ must be strictly followed. (Applies also to Sec. 6)

secondary evidence

applies only contract

PAROL EVIDENCE RULE/ INTEGRATION RULE

is designed to give certainty to written transactions, preserve the reliability and protect the sanctity of written agreements.

PAROL EVIDENCE RULE/ INTEGRATION RULE

no evidence of the terms of a writing are admissible other than the contents of the written agreement.

PAROL EVIDENCE RULE/ INTEGRATION RULE

Does parol evidence rule has exceptions?

yes

EXCEPTIONS: However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading:

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement; (b) The failure of the written agreement to express the true intent and agreement of the parties thereto; (c) The validity of the written agreement; or (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

includes wills.

"agreement"

means something oral or verbal but with reference to contracts it means extraneous evidence or evidence aliunde.

“parol” evidence rule

1. There must be a written agreement; and 2. The writing must embody an agreement.

parol evidence rule

GENERAL RULE: When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

parol evidence rule

establishes a preference for the original document over a secondary evidence thereof

best evidence rule

is not concerned with the primacy of evidence but presupposes that the original is available.

parol evidence rule

precludes the admission of secondary evidence if the original document is available.

best evidence rule

can be invoked by any litigant to an action whether or not said litigant is a party to the document involved

best evidence rule c

precludes the admission of other evidence to prove the term of a document other than the contents of the document itself for the purpose of varying the terms of the writing.

parol evidence rule

can be invoked only by the parties to the document and their successors-in-interest.

parol evidence rule

applies to all forms of writing

best evidence rule

applies to written agreements and wills.

parol evidence rule

can be waived by failure to invoke the benefits of the rule. This waiver may be made by failure to object to the introduction of evidence aliunde. Inadmissible evidence may be rendered admissible by failure to object. (Santiago v. CA, 278 SCRA 98)

parol evidence rule

— An instrument may be construed according to usage, in order to determine its true character. (17)

Section 19. Interpretation according to usage.

is the medium of the mind

agreement

is a meeting of the minds

contract

— When an instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted. (16)

Section 18. Construction in favor of natural right.

— When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision was made. (15)

Section 17. Of Two constructions, which preferred.

— The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. (12)

Section 14. Peculiar signification of terms.

— When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language. (14)

Section 16. Experts and interpreters to be used in explaining certain writings.

— When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.

Section 15. Written words control printed.

— In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. (10)

Section 12. Interpretation according to intention; general and particular provisions.

— For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those who language he is to interpret. (11)

Section 13. Interpretation according to circumstances.

— In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (9)

Section 11. Instrument construed so as to give effect to all provisions.

— The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise. (8)

Section 10. Interpretation of a writing according to its legal meaning.