LEGAL

COUNSELING AND SOCIAL RESPONSIBILITY

CLINICAL LAWYERING AND COUNSELING
GROUP 4 REPORT

Members: Alvarado, Judith Lou D.
Arpia, Kathleen V.
Gonzales, Van Angelo
Reyes, Clariza A.
Vardeleon, Crizedhen

Professor: Atty. David L. Ballesteros

Arellano University School of Law
2nd Semester A.Y. 2018-2019

INVESTIGATION DURING THE PENDENCY 1. actions for recovery of possession and
OF AN ACTION ownership of real property
2. annulment of title
Ocular inspection 3. eminent domain proceedings
4. ejectment proceedings and
Rule 27, Rules of Court à modes of discovery registration cases
that a litigant may avail of for a speedier 5. criminal prosecutions for usurpation
adjudication of the case of real rights over real property
6. murder or homicide cases where the
Requisites: place of incident is an issue or to
1. Motion of any party determine the venue
2. Showing of good cause 7. theft or robbery to determine whether
3. Notice to all other parties the crime was committed in enclosed
premises or in an
The court in which an action is pending may: inhabited/uninhabited place
8. arson cases
1. Order any party to produce and 9. crimes of trespass to private property
permit the inspection and copying or or dwelling
photographing, by or on behalf of the 10. vehicular accidents
moving party, of any designated
documents, papers, books, accounts, Determine the sufficiency of evidence or
letters, photographs, objects, or the lack of it
tangible things, not privileged, which
constitute or contain evidence à if one is to draft a pleading or file a
material to any matter involved in the criminal complaint, the lawyer should know
action and which are in his as a result of ocular inspection whether he
possession, custody or control; or could build a case from his findings and be
2. Order any party to permit entry upon able to sustain them in court
designated land or other property in
his possession or control for the e.g. 1. in an action for annulment of title to
purpose of inspecting, measuring, property, to determine whether a deed of
surveying or photographing the sale is simulated or not;
property or any designated relevant 2. in criminal prosecutions where the charge
object or operation thereto. The order is based solely on circumstantial evidence,
shall specify the time, place, and finger prints/DNA/weapons recovered from
manner of making the inspection and the crime scene/parts of the human
taking copies and photographs, and body/bloodstains may be tested
may prescribe such terms and
conditions as are just. Probative value of extra-judicial
confession
Other term: view of an object
Commonly used in:
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Clinical Lawyering and Counseling

3. h
For an extra-judicial confession to be
e shall be informed of his
admissible in evidence and sustain a
constitutional right to remain silent
judgment of conviction:
and to counsel;

4. he must be informed that any
1. it must be corroborated by evidence of
statement that he might make could
corpus delicti
be used against him;
2. the confession passed the test of
5. the person arrested shall have the
voluntariness
right and be given sufficient
3. sufficient warnings to the accused
opportunity to communicate with his
were made as to:
lawyer of his own choice, a relative, or

anyone he chooses by the most
(a) his right to counsel
expedient means, by telephone if

possible, or by letter or messenger;
à if waived, must be in writing and in the
6. if such person arrested cannot afford
presence of counsel/with the assistance
the services of his own counsel, he
of counsel—if not of his own choice, one
must be provided with a competent
provided by the interrogator
and independent counsel by the
à waiver must have been done
investigating officer;
voluntarily, knowingly and intelligently
7. the extrajudicial confession shall then
à accused must have understood the
be reduced to writing and signed by
consequences of such waiver
the person arrested, detained or
à if he desires to be assisted by counsel
under custodial investigation in the
but cannot afford to hire one, the State
presence of his own counsel or one
through the public prosecutor must
provided by the investigating officer;
provide him with one to assist during
8. in case the person arrested, detained
custodial investigation
or under custodial investigation has

no counsel or in the absence of one
(b) his right to remain silent; and should
provided by the investigating officer,
he choose to speak, anything that he
no custodial investigation shall be
says may be used against him
conducted and the suspected person

can only be detained in accordance
Extrajudicial confession taken
with Art. 125 of the RPC;
perfunctorily not admissible in
9. should the person arrested, detained
evidence—doctrines on strict compliance
or under custodial investigation
with specific steps
waive his right to counsel, such waiver

which in writing, shall not be valid
à transmission of meaningful information
unless made with the assistance of
rather than just the ceremonial and
counsel;
perfunctory recitation of an abstract
10. should the person arrested, detained
constitutional principle
or under custodial investigation
à inform the accused of his rights and
choose to sign the extrajudicial
explain their effects in practical terms
confession upon a valid waiver after
depending on his
its contents have been explained to
education/intelligence/relevant personal
him and understood by him in the
circumstances
language of his own tongue, he may

sign the same in the presence of any of
Short of this, there is a denial of a right, as it
his parents, elder siblings, his spouse,
cannot be truly said that the person has been
the municipal mayor, municipal judge,
“informed” of his rights.
district supervisior, or priest or

minister of the gospel chosen by him;
Basic steps in taking extrajudicial
11. any waiver under Art. 125 of the RPC
confession [Article III, Section 12 (1) (3) of
or under custodial investigation shall
the 1987 Constitution]
be in writing and signed by such

person in the presence of his counsel;
1. at the time of the arrest, the arresting
12. after signing the extrajudicial
officer shall inform the person
confession, the same shall be attested
arrested of the reason for his arrest;
and signed by the investigating officer
2. he must be shown the warrant of
and any of the persons mentioned in
arrest, if any;
no. 10 above

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Clinical Lawyering and Counseling

(m)
Evidentiary value of police report,
How many cadavers have you opened up and
autopsy report, medical report, etc.
exmained?

(n) Were you subpoenaed to apear and
à bolsters one’s claim and has superior
testify in this case on your autopsy report?
probative value and weight in criminal
Will you show the copy of the subpoena
actions and tort actions or actions arising
duces tecum that was served to you?
from quasi-delict under Art. 2176 of the Civil
(Request for the subpoena duces tecum to be
Code
marked)
à police investigation report a must in

inquest proceedings; supports the filing of a
WHEN TO PREPARE A DEMAND LETTER
criminal indictment in court


à when in one’s assessment of every
PROCEDURE IN QUALIFYING AN EXPERT
material evidence that has been gathered,
WITNESS IN CASE THE ADVERSE COUNSEL
one is convinced that they are sufficient to
WOULD NOT ADMIT THE COMPETENCY OF
start a court litigation
THE EXAMINING PHYSICIAN TO TESTIFY
à after conducting an extensive interview of
AS AN EXPERT WITNESS
the client and his witnesses, and after an

objective evaluation of such evidence, there
1. Manifestation of the Prosecutor for
exists a valid cause of action
the expert witness to be put on the
à no legal impediment from forging a
witness stand for the purpose of
compromise agreement even though the
qualifying him as a medico-legal
court has already rendered its judgment, as
expert
long as it has not yet become final and

executory, or as long as the records of the
2. Questions the Prosecutor should
case have not yet been transmitted to the
propound to the expert witness:
appellate court [agreement of the parties has

the force of law between the parties, unless
(a) Is this your first time to appear and testify
tainted with forgery or duress or undue
in court?
influence]
(b) Do you know a certain deceased person
à when all hopes for amicable settlement
by the name of _______?
are gone, the lawyer’s task is to protect the
(c) Did you issue an autopsy report after
interest of the client up to its termination
examining the cadaver of the deceased?

(d) I show to you this document, titled Report
Pre-Trial Conference:
of Autopsy Examination, which I request to
à a mandatory process
be marked as Exhibit “A” for the prosecution,
à available in a civil case
will you take a look over it and tell the court
à in criminal cases, only the civil aspect is
if it is the same autopsy report that you
allowed to be the subject of amicable
issued after examining the dead body of the
settlement
deceased?
à result of such conference binds even the
(e) At the bottom of this autopsy report,
defaulting party
there appears a signature above the
typewritten name _______, will you tell the
court if that is your signature? (Request for
the signature to be marked as Exhibit A-1)
(f) Where did you take your medical studies?
(g) What year did you finish your medical
studies?
(h) Did you go to practice at once?
(i) What is your current designation in the
hospital where you are currently assigned?
(j) Were you taught in medical school of the
different kinds of wounds that are inflicted
on the human body? Will you tell us what
these are and describe each one of them?
(k) Will you distingish _______ wound from
_______ wound?
(l) Have you been taught how to open up a
cadaver?