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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a Philippine civil action involving a charter party contract, the court admits a deposition taken in Japan under a Letters of Request issued under the 1970 Hague Evidence Convention (AM No. 25-02-17-SC). The deposition was translated into English by a certified Japanese translator, and no cross-examination occurred in Japan. The defendant objects to admitting the deposition on the ground that it violates the right to confront witnesses and that authenticity cannot be tested by Philippine standards. (a) Identify the controlling doctrine and rule under Sec. 19 that governs the admissibility of evidence taken abroad. (b) Distinguish how such evidence is treated compared to domestic evidence in terms of admissibility and weight. (c) Apply the rule to determine whether the Japanese deposition is admissible and what weight it should be given, considering authentication and due process.

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