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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A Philippine trial court in Manila receives a Letter of Request from a foreign authority under the 1970 Hague Evidence Convention seeking the deposition of a Filipino witness in Manila by videoconference. The Letter identifies the witness, the subject matter, the requesting authority, and the proposed date, but omits (i) the categories of documents to be produced, and (ii) the identity and qualifications of the translator to be used for interpretation. (a) What interpretive approach should the court apply under Sec. 34 of A.M. No. 25-02-17-SC to determine whether these defects are curable? (b) Should the court transmit the Letter despite these omissions, and what steps should it take to facilitate compliance? (c) If the omissions cannot be cured, what remedy is available under Sec. 34 and how would it affect the parties?

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Clara

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