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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action pending in the Regional Trial Court of Cebu City, Plaintiff Z sues Defendant V for damages arising from a shipping contract. Plaintiff obtained the deposition of V’s chief financial officer in Seoul, South Korea, through letters rogatory under the 1970 Hague Evidence Convention. The deposition was conducted in Seoul before a Korean official with Plaintiff’s and Defendant’s counsel present; the witness testified under oath; the deposition transcript and identified exhibits were certified by Korean authorities and translated into English. The transcript was transmitted to the Philippine court and offered as evidence. Defendant moves to exclude on grounds that: (i) the letter of request did not specify the scope of examination; (ii) cross-examination did not occur in Korea; (iii) the transcript and exhibits were not authenticated by Philippine authorities or translation not verified; (iv) there are translation errors not corrected; (v) Philippine domestic evidentiary rules should apply and preclude its use. You are asked to answer: (a) Identify the controlling doctrine governing use of evidence taken abroad under Sec. 18 and the essential conditions for admissibility. (b) Apply the doctrine to the facts: should the Philippine court admit the Seoul deposition? Address each objection and explain how they affect admissibility. (c) If the deposition is admitted, explain how it may be used at trial and what steps the court should take to preserve fairness and reliability.

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