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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Bank burglary occurs at 2:05 a.m. The prosecution offers the following evidences: (i) CCTV footage shows a person wearing a black balaclava entering the bank and later leaving with a bag; the face is not identifiable. (ii) A security guard testifies that around 2:10 a.m. he saw a person of the defendant's build exit the bank carrying a black duffel bag; he cannot positively identify the person. (iii) The accused testifies he was at home and provides a ride-sharing receipt showing pickup at 1:15 a.m. and drop-off at 3:00 a.m.; the ride service confirms. (iv) A partial fingerprint is recovered from the vault door; the laboratory notes a partial match to the accused but states the result is not conclusive. (v) The bank's access log shows a temporary staff code used at 2:06 a.m. that matches the initials 'M.V.'; the defense argues those initials could belong to any staff member and questions the chain of custody. (a)Identify whether the above evidences are direct or circumstantial and state the controlling rule from Rule 133 on weight and sufficiency. (b)If the evidences are circumstantial, discuss whether the four requisites for circumstantial evidence to convict beyond reasonable doubt are satisfied, and conclude whether the prosecution has proven guilt beyond reasonable doubt.

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