Unanswered Exercises: JN

In a suit to declare null & void Pres Ramos agreement w Misuari for the creation of the SPCPD, can Pres Ramos be compelled to reveal the contents of their negotiation? Can Pres Ramos object on the ground that the SC shld take JN of the confidentiality of presidential negotiations on state matters?

the matrial law proclamation, wld you insist that the origs of all these 6 truckloads of docums indeed be presented in Ct?.

TESTIMONIAL EVIDENCE
RTC Sheriff A certified in his Sheriffs Return that he was able to serve the summons upon the address of the defendant Mr. A. as stated in the complaint, because the 24-yr old occupant thereof stated upon receiving the summons that Mr. A indeed lives there. In the suit for annulment of the RTC judgment that Mr. A brought in the Court of Appeals on the ground that the RTC did not acquire jurisdiction, Mr. A will allege that the Sheriffs Return was hearsay because the source of the sheriff had no official duty to answer the question of the sheriff. Is Mr. A correct? Situation: When A could no longer help it, he told his cousin C to plead that V marry him. C obliged. o If you were the judge in this sit would u agree with Vs lawyer if he pleads that Cs testimony be allowed under conditional admissibility upon the reasoning that after the prosecution rests, the defense will present C anyway to deny Vs testimony such that C would then be available for cross-exam? The cruise if wife W and husband H turned sour one day when they began quarreling. In the heat of their argument, H happened to turn violently towards W that he accidentally hit W, the latter toppling out of the yacht and into the sea. At police headquarters, H recounted the foregoing, and signed the written police version under oath. Is this statement sufficient to convict H? Situation: DM emerged from her family trailer in bloodied clothes, collapsing in the arms of their family friend F. DM told F that she had just stabbed her husband, wife-beater H, in self-defense. At the police station, that was exactly the story told by F to the police. DM, however, was recounting another story, after she was read her constitutional rights, she told police that H got so jealous when he saw her and F alone inside the van such that H took out the kitchen knife and tried to stab F, who, however, was able to parry the same, grab it from H, and eventually H when the latter continued to struggle against him. The police typed this statement of DM, and DM signed it under oath. o If in F and DM were interrogated together, and DM stated instead that actually she and F are lovers and F merely carried out their previous plan to put H out of the way, would DMs written statement be admissible against F? To be able to present a speedy solution of the murder of Capt. R to the media, the BAROQUE police squad tortured A into executing a confession. Right after being released from interrogation, A executed an affidavit of retraction. Defense counsel now wants to present the affidavit in the trial of People v. A, B, C and D. Any objection? During the trial, A died. The counsel for B, C and D want to present As affidavit anyway. Any objection?
Drilon1

BER:
In the statutory rape case of Ppl v Jalosjos, the defense tried to prove that the date of birth in the birth cert presented by the prosecution was falsified & that the rape complainant-victim V was actually more than 12 yrs old a the time of the allege rape in 1996. To rebut, V will present a) her own testimony b) the testimony of her younger bor c) the testimony of her mother . Any objections? Policeman P arrested & briefly detained activist-flag burner A at police headquarters ff the break-up of demonstrations against the press SONA. A filed a complaint against P under A131, RPC, for hindering him from petitioning the govt for correction of abuses & redress of grievances, w prayer for damages for violation of his constitutional right to take part in a peaceful assembly for the sme purpose under A32, CC. After pre-trial P succumbed to a fatal illness. Pursuant to R111.4, P was substituted by his heirs (wo awaiting the appointment of an administrator for his estate, as no estate proceedings were instituted). A testified that he was detained for sm mins & that he saw that this fact was recorded in the police blotter, wc he caused to be subpoenaed. However, upon examination, As lawyer discovered that the blotter page of the date concerned didnt contain any entry regarding A. He then moved for the recall of A, for A to testify regarding this latter devt. Any objection/s? Is there any sit by wc you can prove your case inspite the fact that there is no direct E, no admission or confession, no presumption, and no circumstantial E at all in your favor? In connection w the subj matter of the impeachment proceedings against pub ofcr AD, in response to the subpoena of ht ePhil senate, ADs wife will come home & testify under oath regarding the alleged falsification of her sig on the deed of sale of their Marikina hse & lot. Any objection to this testimony? Def W, charged w possession of the illegal drug opium, testified that the opium belongs to her husband. Any objection? A sued B for damages from serious phy ijs sustained in a frat rumble. It turns out however, that after pre-trail, A has to fly to Switzerland for delicate surgical operations. As As lawyer, wld it be proper for you to advise A not to worry, in that you can present As testimony anyway through an affidavit that that hell execute b4 departure? In order to prove that his declaration of martial law wasnt exerd in grave abuse of discretion the late Marcos readied 6 truckloads of docums for presentation & submission to the SC. AS counsel for pet in the case challenging the validity of

Drilon2