Become a LEGENDARY Criminal Defense Lawyer and Attorney in the Philippines / Tagalog Version - YouTube

Legendary tip: Do not Cross. Good Morning Philippines!

I'm Bacon Palacio and let us jump to the first tip!

First, we need to define the term 'Evidence"

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

It means: If there is no evidence for a certain fact, then that fact can never be proven

This is elementary, I know, but there are lawyers who do not understand what that means.

[The prosecution does not have evidence to prove a fact] But, [the defense lawyer] is the one who will provide the evidence that will establish that particular fact.

This is not a newbie mistake. Even veteran lawyers make this mistake.

If you have any questions. Please do not hesitate to ask it in the comments. I will answer all of your questions.

Do not present evidence if you only defense is either Denial or Alibi

What is the reason why denial or alibi are not favored [by the courts]?

First and foremost, it is easy to fabricate and difficult to disprove.

Second, it can never prevail over the positive testimony of the prosecution witness.

Remember, less talk, less mistake.

Only use denial or alibi with clear and convincing proof,

other than the testimony of the accused,

that will corroborate or establish his denial or alibi.

If you like the tips that I am giving. Please consider subscribing.

Hit the bell notification icon so that you will be notified when my videos come out.

What is the job of a criminal defense lawyer?

At the start, your job is to maintain the presumption of innocence of your client.

After the prosecution establishes all the elements of the crime, that is the only time that you will need to establish reasonable doubt.

There are lawyers who are fixated at establishing reasonable doubt right out of the gate.

They throw everything at it. But they do not realize that they are eroding their client's presumption of innocence.

You job is to keep the water muddy. It is not your job to do what the prosecution needs to do. That is to clear up the muddy water.

If the prosecution failed to establish the elements of the crime,

do not file a demurrer to evidence. Submit the case for decision.

Because if you file a demurrer to evidence, that will inform the prosecution that he made a mistake.

Then if you present your witnesses, instead of having the case submitted for decision,

the prosecutor might get the chance to present rebuttal evidence.

If you like this content, please like this video. The engagement helps me a lot.

When the time comes, file a memorandum. Include all the facts that you want to emphasize to the judge.

Include in your memorandum the page number where that particular fact can be found.

Why did I tell you to focus your memorandum on the facts [of the case]?

Because it is a habit of lawyers that when they present the law, they will focus on the law.

But the judge does not need that. He needs the facts. The facts will get your client acquitted.

If you want to support me directly financially as a content creator, I have a Patreon account. The link to my Patreon is in the [description].

Do not cross exam a witness especially if he did not testify to an element of a crime;

or a detail of an element of a crime;

or when you do not have object or documentary evidence that will show that will disprove his testimony.

What are object and documentary evidence?

Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.

Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.

CCTV footage is an example of an object evidence.

An example of a documentary evidence is your billing statement [that you will use] to prove that you live in the address shown on the bill.

What do I mean by this? When you cross examine a witness and you got him to admit that he was wrong,

all the prosecution needs to do is to conduct redirect examination.

Then the water will clear up. It will give the prosecution the chance to

clarify his side of the story, which was fuzzy in the beginning.

The prosecution witness will not change his story.

The scene you see on TV, that part where the witness is [crossed] and he admits that what he said is wrong

only happens on TV. That never happens in real life.

Realize that when the story of the prosecution is not clear, your chances of winning are high.

Why am I harping that you should not conduct a cross examination? [We should first ask] the nature of the testimony of a witness.

Lets us check the Rules. The court shall consider no evidence which has not been formally offered.

As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.

That means: when you cross examine a witness, your question and his answer will be considered offered because his testimony was already offered in the very beginning of his testimony.

And the prosecution can now use that as evidence.

If a fact that will get your client acquitted can be found in the evidence presented by the prosecution,

Do not point it out, do not call it out!

By all means, do not call it out!

The reason why you should not call out the mistake made by the prosecution

is so that the prosecutor will not have an opportunity to correct his mistake

If you file a memorandum instead, the prosecutor will have no choice but to file his memorandum.

And the prosecutor will not have the chance to correct his mistake.

Question for today: I've written an episode

about why we should also protect men from domestic violence.

In my first video, the reason why men is excluded from RA 9262 is because of patriarchy and male privilege.

I have proof, based on law and jurisprudence disproving male privilege and patriarchy.

I put the question to my audience, do you like this kind of content?

If so, please tell me in the comments if you do.

I hope that this episode helped you in anyway.

If you like my content, please like, share, comment and subscribe

hit the bell notification to support me. It really helps a lot.

And that is all the time I have. Again, I am Bacon Palacio and I will see you in the next video. BYE! BYE!