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Clinical Lawyering and Counseling In criminal prosecution where the charge is solely based in

circumstantial evidence (finger prints, slugs, hair or portions of


I. Investigation during pendency of action skin, bloodstains, spermatozoa), evidence may be submitted to
the NBI crime lab to determine whether such weapons or body
a.) Ocular Inspection parts could be traced to the accused.

 Modes of discovery Modern or scientific detection or identity – circumstantial


i. Order any party to produce and permit evidence and the result of a DNA test are vital to corroborate in
the inspection and copying or a cumulative quantity leading to a conclusion beyond
photographing any designated reasonable doubt sufficient to sustain a judgement or
documents, papers, books, accounts, conviction.
letters, photographs, objects or tangible
things, not privileged, which constitute or c.) Probative value of extrajudicial confession
contain evidence material to any matter
involved in the action and which are in  People v. Galit
his possession, custody or control; or i. For an extrajudicial confession to sustain
ii. Order any party to permit entry upon a judgement of conviction, it must be
designated land or other property in his corroborated by evidence of corpus
possession or control for the purpose of delcti;
inspection, measuring surveying, or ii. Where the charge id anchored on an
photographing the property or any extrajudicial confession of the accused, it
designated relevant object or operation is essential to determine whether said
thereto. Order shall specify the time, confession could pass the test of
place and manner of making the voluntariness.
inspection and taking copies and  Custodial Investigation
photographs and may prescribe such i. Admissibility depends on whether or not
terms and conditions are just. sufficient warnings to the accused were
made before the taking of his confession
b.) Determine the sufficiency of evidence or lack of it of his right to counsel
ii. If the accused waives his right to
If you are contemplating to draft a pleading, or file a criminal counsel, interrogator is still mandated to
complaint, the lawyer should know as a result of ocular provide a counsel for the accused
inspection whether to build a case from his findings and be able
to sustain them in court. d.) Extrajudicial confession taken perfunctorily not
admissible in evidence
 Miranda Rights  If he cannot afford the services of a counsel, he
i. Police officer is not only duty bound to must be provided with a competent and
tell the person under interrogation the independent counsel;
rights he is entitled to, he must also  Extrajudicial confession must be reduced to
explain their effects in practical terms. writing and signed by the person arrested in the
ii. The right of the person under presence of a counsel;
interrogation to be informed, implies a  No counsel, no custodial investigation can be
correlative obligation on the part of the conducted and the period in Art. 125 of the RPC
police to explain and make sure that such should be respected; and
person understands what is conveyed.  Should he sign the confession upon a valid
 People v. Albofera waiver after its contents has been explained to
i. Waiver of the right to counsel to be valid, him and understood by him in a language known
must be in writing and in the presence of to him, he may sign the same in the presence of
counsel his relatives;
ii. Extrajudicial confessions taken without
the attendance of counsel is inadmissible f.) Evidentiary value of police report, autopsy report,
 People v. Nolasco medical report, etc
i. Right to counsel may be waived, such
waiver must be done voluntarily,  Superior probative value and weight
knowingly, and intelligently and must be
made in the presence of the accused’s II. Procedure in qualifying an expert witness in
lawyer case the adverse counsel would not admit the
e.) Basic steps in taking extrajudicial confessions competency of the examining physician to
 At the time of the arrest, officer shall inform the testify as an expert witness
person arrested the reason for arrest;
 Warrant, if any, must be shown III. When to prepare a demand letter
 Informed of his constitutional right to remain
silent and to counsel; When in your assessment of material evidence you have
 Informed that any statement that he might make gathered you are convinced that they are sufficient to start a
could be used against him; court litigation, and after conducting an extensive interview of
 Right to communicate with his lawyer or relatives your client and witnesses, and in your objective evaluation of
by expedient means, by telephone if possible, or such evidence, there exists a valid cause of action, it is now
by letter or messenger; time to prepare a letter if demand.