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Legal Testimony Exam Guide

Bernard witnessed an apparent drug exchange between Elmer and Nikko in a park. He has been summoned to testify in court regarding this incident. The questions ask whether Bernard can be considered an expert witness given his background working in a crime lab specialized in illegal drugs, and whether he can testify as an ordinary witness about what he witnessed. The document also asks about viatory rights, the rights of witnesses, the order of witness examination, the purpose of judicial affidavit rules, what constitutes direct and indirect contempt, and the full name of the instructor.

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325 views2 pages

Legal Testimony Exam Guide

Bernard witnessed an apparent drug exchange between Elmer and Nikko in a park. He has been summoned to testify in court regarding this incident. The questions ask whether Bernard can be considered an expert witness given his background working in a crime lab specialized in illegal drugs, and whether he can testify as an ordinary witness about what he witnessed. The document also asks about viatory rights, the rights of witnesses, the order of witness examination, the purpose of judicial affidavit rules, what constitutes direct and indirect contempt, and the full name of the instructor.

Uploaded by

JudeRamos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Court Testimony

Midterm Examination

Instruction: Read each problem carefully. Answer the question with legal
basis. A mere “yes” or “no” without any legal reason will not be given any point.
Test I.
1. Bernard is a Police Investigator who is detailed at the PNP crime laboratory
that specializes in the laboratory examination, detection, determination of
illegal drugs. One early morning at Guingona Park, while he was on his way
to his office, he saw Elmer and Nikko exchanged hands, to what seemed to
be a pack of illegal drugs- shabu. Later that day, the Elmer and Nikko were
apprehended by police authorities for the crime of selling illegal drugs in
violation of Dangerous Drugs Act of 2002. The court summoned Bernard to
testify regarding the exchange of illegal drugs by Elmer and Nikko at
Guingona Park.
a. What are the requirements so that a person may be considered as an
expert witness? (5 points)
b. May Bernard be considered as an expert witness? State you reason
with legal basis. (5 points)
c. May Bernard be considered as an ordinary witness? State your
reason with legal basis. (5 points)

2. Jeyboy, who hails from Butuan City went to Boracay for a vacation. While
he was basking in the summer heat at the seashore in one of the most
exclusive resorts in Boracay, he witnessed Ryan stabbed Bobby and kicked
him to the ground. When Bobby filed a case of Frustrated Homicide against
Ryan in the Regional Trial Court of Aklan, Jeyboy was summoned by the
court to testify against the respondent- Ryan. However, Jeyboy refused to
testify invoking his VIATORY RIGHT, alleging that the court could not legally
compel his attendance as a witness.
a. What is viatory right? (5 points)
b. May Jeyboy properly invoke his “viatory right” in order to validly
and legally refuse his attendance to the court as a witness in the
crime of Frustrated Homicide? (5 points)

3. What are the rights of a witness? (5 points)

4. Enumerate the “order” of examination of a witness and briefly explain


each. (5 points)
5. What is the primary purpose of “Judicial Affidavit Rule”? (5 points)

6. Write DC if the act is one of Direct Contempt or IC if the same in an Indirect


Contempt. (1 point each item)

a. Misbehavior in the presence of or near a court.


b. Obstructing or interrupting court proceedings and showing
disrespect to the court.
c. Refusal to be sworn as a witness without valid grounds
d. Deliberate refusal without valid grounds to answer as a witness
before the witness stand or to subscribe and affidavit.
e. Sleeping or making loud noise as to disturb the court proceedings
f. Disobeying or resistance to a lawful writ
g. any improper conduct tending, directly or indirectly, to impede or
obstruct or degrade the administration of justice
h. Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contemp.
i. Failure to obey subpoena duly served
j. Failure to appear before the court as a witness after having been
properly served with summons

7. Write to full name of your instructor. Wrong spelling will not be given any
point. (5 points)

Good luck.

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