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Practical Exercises - Sept 21 (Judicial Notice) Facts
Practical Exercises - Sept 21 (Judicial Notice) Facts
PRACTICAL EXERCISES
The trial court took judicial notice that (i) condoms and
contraceptives do not cause abortions; and (ii) that
condoms and contraceptives are generally not sold without
such prescription in other parts of Muntinlupa City, Metro
Manila and, in fact, the Philippines.
HYPOTHETICAL
CASE NO. 3
FACTS
Dustin Moreno is charged with a murder that took
place on March 17, 2020 at 7:30 p.m. Accused
testifies that he was at home watching “Ang
Probinsyano” on Channel 2 at the time of the
murder. To attack this alibi, the prosecutor wants
the trial judge to take judicial notice that “Ang
Probinsyano” was not showing on Channel 2 at
the time of the murder.
HYPOTHETICAL
CASE NO. 4
FACTS
Same case as previous problem. In support of Dustin's alibi
defense, Dustin's lawyer tries to discredit the identification by
the prosecution's principal eyewitness. The defense lawyer's
cross-examination emphasizes that Dustin and the eyewitness
are of different ethnicities (Dustin is Filipino and the eyewitness
is Korean), and that the eyewitness feared being shot in the
same incident. Defense counsel then furnishes the judge with
the book “Eyewitness Identification” by Dr. Elizabeth Loftus,
who the prosecutor stipulates is an authority in the field of
eyewitness identification.
Ms. Penafiel files her Answer and prays for the dismissal
of the Complaint on the ground that it fails to state a
cause of action (because, based on STX’s judicial
admission there was no violation of the non-competition
clause).
FACTS
STX then moves for leave to file an Amended Complaint.
In the Amended Complaint, STX pleads that Ms. Penafiel
resigned from the Company effective July 5, 2018 (not 7
May 2020). Attached to the Amended Complaint was a
resignation letter dated 15 June 2020 with a notation that
the same was approved effective 5 July 2018. The
resignation letter was attached to Ms. Penafiel’s verified
Answer. STX alleges, to explain the amendments, that
the reference to 7 May 2018 was a mere typo.