2020 Evidence Finals
2020 Evidence Finals
2020 Evidence Finals
net/298014/rosito-posting-names-of-covid-19-victims-was-necessary-to-raise-public-awarene
https://cebudailynews.inquirer.net/297929/lawyer-nabbed-for-spreading-unverified-info-about-covid-19/amp
https://news.mb.com.ph/2020/03/29/lawyer-arrested-for-allegedly-posting-names-of-covid-19-patients/
https://www.msn.com/en-ph/news/national/cebu-lawyer-arrested-for-revealing-covid-19-patients-personal-info/ar-BB11QktT
https://www.philstar.com/the-freeman/cebu-news/2020/03/30/2004334/lawyer-nabbed-covid-19-post/amp/
https://www.facebook.com/100015256534548/posts/898496420668901/?d=n
Instruction: Use the sources above, and all applicable laws and regulations. Then, fill-in the yellow blanks
below. Reproduce for each crime allegedly committed and each element of the alleged crime. List the evidence
to prove the element you listed it under. Submit this excel file as your answer sheet. Make sure you have good
grammar and sentence structure. If the evidence is a statement, quote the statement in the blank indicated
below for "Evidence"
Crime Allegedly Committed: Violation of RA 10175 (Cyber Crime Prevention Act)
Element 1 Existence of identifying information
Evidence Type (Testimonial, Documentary, Object)
Documentary
Element 2 Said identifying information belongs to another, whether natural or juridical
Evidence Type (Testimonial, Documentary, Object)
Documentary
Element 3 Intentional acquisition, use, misuse, transfer, possession, alteration or deletio
Evidence Type (Testimonial, Documentary, Object)
Documentary (for Prosecution); Testimonial
Crime Allegedly Committed: Violation of RA 10173 (Data Privacy Act)
Element 1 Personal information is collected for reasons that are specified, legitimate, an
Evidence Said personal
Type information
(Testimonial, was purposed
Documentary, Object)
to be handled properly such as not to give
Documentary
unauthorized parties access to customers’
Element 2 information
Evidence Type (Testimonial, Documentary, Object)
Personal information must be discarded in
Testimonial
a way that does not make it visible and
Element 3 accessible to unauthorized third parties
Evidence Type (Testimonial, Documentary, Object)
Documentary
There is the existence of confidential
Crime Allegedly Committed: Violation of the
information Mandatory
pertaining to aReporting
patient’s of Notifiable Diseases and Events of Pu
Element 1 medical condition or treatment;
Evidence There(Testimonial,
Type is unauthorized disclosure on
Documentary, the
Object)
part of the accused of said private and
Documentary
confidential information pertaining to a
Element 2 patient’s medical condition or treatment
Evidence Type (Testimonial, Documentary, Object)
Testimonial
ctims-was-necessary-to-raise-public-awareness/amp
fied-info-about-covid-19/amp
mes-of-covid-19-patients/
covid-19-patients-personal-info/ar-BB11QktT?li=BBr8RiR
nabbed-covid-19-post/amp/
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The representatives of Relevant; That the said information was posted by the accused on his
ongs to another, whether natural or juridical
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The representatives of Relevant; That the subject information contained data pertaining to t
use, transfer, possession, alteration or deletion of said identifying information belonging to another, whether natural or juridical, without
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The representatives of Relevant; That the accused disclosed the subject information without prior verification from t
vacy Act)
d for reasons that are specified, legitimate, and reasonable
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The representatives of Relevant; That the subject information contained data pertaining to
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The arresting officer f Relevant; That the accused extrajudicially confessed that he communicated the confidential inf
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
Accused Not relevant; The DOH denies having r
orting of Notifiable Diseases and Events of Public Health Concern Act
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The representatives of Relevant; That the subject information contained data pertaining to the health condition/statu
Who will testify Relevance for Prosecution If not relevant for prosecution, why?
The arresting officer f Relevant; That the accused extrajudicially confessed that he communicated the confidential inf
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
Relevant; Same reason as with the prosecution Admissible for being relevant and not excluded by the Constitut
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
Relevant for the same reason as with the prosecution Admissible for being relevant and not excluded by the Constitut
another, whether natural or juridical, without right
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
mation without prior verification from t Not relevant; Intent was to uphold tAdmissible for being relevant and not excluded by the Constitut
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
Relevant for the same reason as with the prosecution Admissible for being relevant and not excluded by the Constitut
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
at he communicated the confidential inf
Not relevant; Intent was to uphold tAdmissible for being relevant and not excluded by the Constitut
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
Relevant; That the information about the alleged CoVid patients reached to the perception o
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
ertaining to the health condition/statuNot relevant; Intent was to uphold tAdmissible for being relevant and not excluded by the Constitut
Relevance for Defense If not relevant for defense, why? Admissibility for Prosecution
at he communicated the confidential inf
Not relevant; Intent was to uphold tAdmissible for being relevant and not excluded by the Constitut
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law Admissible for being relevant and not excluded by the Constituti
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law Admissible for being relevant and not excluded by the Constituti
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law or by the Rules of EvidenceInadmissible for being irrelevant to the
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law Admissible for being relevant and not excluded by the Constituti
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law or by the Rules of EvidenceInadmissible for being irrelevant to the
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
Inadmissible for being irrelevant to the facAdmissible for being relevant and not excluded by the Constituti
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law or by the Rules of EvidenceInadmissible for being irrelevant to the
If not admissible for prosecution, why? Admissibility for Defense If not admissible for defense, why?
ng relevant and not excluded by the Constitution, law or by the Rules of EvidenceInadmissible for being irrelevant to the
Formal Offer for Prosecution Formal Offer for Defense
Description: The Facebook post by the
Description: Online post stating the names and addresses, and the names of the hosp
e names of the hospitals where these people were said to be admitted; Purpose: To prove the veracity of said information
ang nahitabo, naa say nangutana sa amoa, because it was sent to our group chat, so I was thinking about the importance of life rather
allegedly diagnosed with CoVid 19; Purpose: To prove that the he violated no law by communicating information which he thought woul
d saying, "So ang nahitabo, naa say nangutana sa amoa, because it was sent to our group chat, so I was thinking about the importance
s of the hospitals where these people were said to be admitted; Purpose: To prove the veracity of said information
s of the hospitals where these people were said to be admitted; Purpose: To prove the veracity of said information
s of the hospitals where these people were said to be admitted; Purpose: To prove good faith on the part of the accused which is to uph
nt of the accused to uphold people's right to information
d information
e importance of life rather than just the protection of the 7 people if it were true,"; Purpose: To refute the accusation of ill-will on his part
tion which he thought would be helpful to warn the public about the existence of positive cases of CoVid in Cebu City
nking about the importance of life rather than just the protection of the 7 people if it were true,"; Purpose: To prove absence of intent on
he accused which is to uphold the people's right to information which is crucial during the CoVid 19 pandemic
usation of ill-will on his part when he relayed the subject information to the public, and in order to support his claim that he did it in suppo
prove absence of intent on his part to violate the law, but merely to uphold the people's right to information and public safety
claim that he did it in support of the people's right to information and public welfare
d public safety