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B.

Investigation

A. Ocular Inspection (a kind of mode of discovery, also known as view of an object)


Rules of Court, Rule 27, Section 1, Motion for production or inspection; order:
Upon motion of any party showing good cause therefor, the court in which an action
is pending may:

1. order any party to produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible
things, not privileged, which constitute or contain evidence material to any
matter involved in the action and which are in his possession, custody or
control, or
2. Order any party to permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, measuring, surveying, or
photographing the property or any designated relevant object or operation
thereon. The order shall specify the time, place and manner of making the
inspection and taking copies and photographs, and may prescribe such terms
and conditions as are just.

Resorted to in:
1. Actions for recovery of possession and ownership of real property
2. Annulment of title
3. Eminent domain
4. Ejectment proceedings
5. Land registration cases
6. Criminal prosecutions for usurpation of real rights over real property
7. Murder or homicide where place of incident is in issue
8. Theft or robbery in order to appraise the court whether or not the crime was
committed in an enclosed premises
9. Arson
10. Crimes of trespass to private property or dwelling
a. in order to determine the probability or improbability of the accused to
commit trespass considering the physical condition of the dwelling, or
b. whether or not the place intended for entrance is restricted to the public
11. Vehicular incidents
a. to determine the point of impact,
b. to find traces of tiremarks,
c. to determine the relative distance of one vehicle to another from the time
of impact and thereafter for the purpose of finding whether the erring
vehicle was running at the speed faster than that allowed by law, or
d. the distance where the body of the victim was thrown from the point of
impact
B. Determine the evidence or the lack of it Before the drafting of any pleading or filing of
a criminal complaint, the lawyer should know as a result of ocular inspection whether
he could build a case from his findings and be able to sustain them in court

C. Extra-judicial confession (its probative value)

For an extra-judicial confession to sustain a judgment of conviction to sustain a


judgment of conviction it must be corroborated by evidence of corpus delicti.

Tests of admissibility:
1. Whether or not it could pass the test of voluntariness and the requirements set
down by the Supreme Court in the case of People vs. Galit
2. Whether evidence of corpus delicti is sufficient to corroborate such confession
3. Whether or not sufficient warnings to the accused were made before the taking
of his confession of his right to counsel

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