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.