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RULE 15, SEC. 3. Contents.A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.

RULE 18, SEC. 2. Nature and purpose.The pre-trial is mandatory. The court shall consider:

(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;

RULE 18, SEC. 6. Pre-trial brief.The parties shall file with the court and serve on the adverse party, in such manner as

shall ensure their receipt thereof at least three (3) days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others:

(b) A summary of admitted facts and proposed stipulation of facts;

RULE 18, SEC. 7. Record of pre-trial.The proceedings in the pretrial shall be recorded. Upon the termination thereof, the court shall issue an order which shall recite in detail the matters taken up in the conference; the action taken thereon, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered. Should the action proceed to trial, the order shall explicitly define and limit the issues to be tried. The contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice.

RULE 30, SEC. 6. Agreed statement of factsThe parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.

RULE 30, SEC. 7. Statement of judge.During the hearing or trial of a case any statement made by the judge with reference to the case, or to any of the parties, witnesses or counsel, shall be made of record in the stenographic notes.

RULE 40, SEC. 6. Duty of the clerk of court.Within fifteen (15) days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties. (n)

RULE 41, SEC. 10. Duty of clerk of court of the lower court upon perfection of appeal.Within thirty (30) days after

perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court:

(d) To transmit the records to the appellate court.

If the efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non-transmittal, and the steps taken or that could be taken to have them available.

RULE 41, SEC. 11. Transcript.Upon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case five (5) copies of the transcripts of the testimonial evidence referred to in the record on appeal. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found, and a. list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively.

RULE 41, SEC. 12. Transmittal.The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three

(3) copies of the transcripts. Copies of the transcripts and certified true copies of the documentary evidence shall remain

in the lower court for the examination of the parties.

RULE 42, SEC. 7. Elevation of record.Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen (15) days from notice.

RULE 43, SEC. 11. Transmittal of record.Within fifteen (15) days from notice that the petition has been given due course, the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of

all parties to the proceeding. The Court of Appeals may require or permit subsequent correction of or addition to the record.

RULE 44, SEC. 3. Order of transmittal of record.If the original record or the record on appeal is not transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal.

RULE 45, SEC. 8. Due course; elevation of records.If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.

RA 8293 (IP CODE), Section 78. Process Patents; Burden of Proof . - If the subject matter of a patent is a process for obtaining a product, any identical product shall be presumed to have been obtained through the use of the patented process if the product is new or there is substantial likelihood that the identical product was made by the process and the owner of the patent has been unable despite reasonable efforts, to determine the process actually used. In ordering the defendant to prove that the process to obtain the identical product is different from the patented process, the court shall adopt measures to protect, as far as practicable, his manufacturing and business secrets.

RULE ON DNA EVIDENCE

SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof, is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.

Sec. 2. Application of other Rules on Evidence. In all matters not specifically covered by this Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.

Sec. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as follows:

a. ―Biological sample‖ means any organic material originating from a person’s body, even if found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and other body fluids, tissues, hairs and

bones;

b. ―DNA‖ means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. The totality of an individual’s DNA is unique for the individual, except identical twins;

c. ―DNA evidence‖ constitutes the totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples;

d. ―DNA profile‖ means genetic information derived from DNA testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person;

e. ―DNA testing‖ means verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis); and

f. ―Probability of Parentage‖ means the numerical estimate for the likelihood of parentage of a putative parent compared with the probability of a random match of two unrelated individuals in a given population.

Sec. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu proprio or on

application of any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following:

a. A biological sample exists that is relevant to the case;

b. The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to DNA testing, but the results may require confirmation for good reasons;

c. The DNA testing uses a scientifically valid technique;

d. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and

e. The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of

integrity of the DNA testing. This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.

Sec. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have been complied with, the court shall

a. Order, where appropriate, that biological samples be taken from any person or crime scene evidence;

b. Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing process and the reliability of the test results, including the condition that the DNA test results shall be simultaneously disclosed to parties involved in the case; and

c. If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other

or the adverse party and where additional biological samples of the same kind can no longer be obtained, issue an order requiring all parties to the case or proceedings to witness the DNA testing to be conducted. An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The grant of DNA testing application shall not be construed as an automatic admission into evidence of any component of the DNA evidence that may be obtained as a result thereof.

Sec. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of conviction.

Sec. 7. Assessment of probative value of DNA evidence. In assessing the probative value of the DNA evidence presented, the court shall consider the following:

a. The chair of custody, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples;

b. The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;

c. The forensic DNA laboratory, including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; and

d. The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

Sec. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing methodology is reliable, the court shall consider the following:

a. The falsifiability of the principles or methods used, that is, whether the theory or technique can be and has been tested;

b. The subjection to peer review and publication of the principles or methods;

c. The general acceptance of the principles or methods by the relevant scientific community;

d. The existence and maintenance of standards and controls to ensure the correctness of data generated;

e. The existence of an appropriate reference population database; and

f. The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and the significance and limitation of statistical calculations used in comparing DNA profiles.

Sec. 9. of DNA Testing Results. In evaluating the results of DNA testing, the court shall consider the following:

a. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;

b. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that

c. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher there shall be a disputable presumption of paternity.

Sec. 10. Post-conviction DNA Testing Remedy if the Results Are Favorable to the Convict. The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict. In the case the court, after due hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders.

Sec. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA testing shall be

confidential. Except upon order of the court, a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following, under such terms and conditions as may be set forth by the court:

a. Person from whom the sample was taken;

b. Person from whom the sample was taken;

d.

Duly authorized law enforcement agencies; and

e. Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court order shall be liable for indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results or other information obtained from the DNA testing, he same may be disclosed to the persons named in the written verified request.

Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality, including all

biological samples, DNA profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may order the appropriate government agency to preserve the DNA evidence as follows:

a. In criminal cases:

i. for not less than the period of time that any person is under trial for an offense; or

ii. in case the accused is serving sentence, until such time as the accused has served his sentence;

a. In all other cases, until such time as the decision in the case where the DNA evidence was introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above, provided that:

a. A court order to that effect has been secured; or

b. The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA evidence.

Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall apply to cases pending at the time of its effectivity.

Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.

REPUBLIC ACT NO. 53: AN ACT TO EXEMPT THE PUBLISHER, EDITOR OR REPORTER OF ANY PUBLICATION FROM REVEALING THE SOURCE OF PUBLISHED NEWS OR INFORMATION OBTAINED IN CONFIDENCE

Section 1. The publisher, editor or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter, unless the court or a House or committee of Congress finds that such revelation is demanded by the interest of the State.

Sec. 2.

All provisions of law or rules of court inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 3.

This Act shall take effect upon its approval.

REPUBLIC ACT NO. 1477: AN ACT AMENDING SECTION ONE OF REPUBLIC ACT NUMBERED FIFTY-THREE, ENTITLED "AN ACT TO EXEMPT THE PUBLISHER, EDITOR, COLUMNIST OR REPORTER OF ANY PUBLICATION FROM REVEALING THE SOURCE OF PUBLISHED NEWS OR INFORMATION OBTAINED IN CONFIDENCE"

Section 1. Section one of Republic Act Numbered Fifty- three is amended to read as follows:

"Section 1. Without prejudice to his liability under the civil and criminal laws, the publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the State."

Section 2.

This Act shall take effect upon its approval

RPC, Art. 229. Revelation of secrets by an officer. Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.

RPC, Art. 230. Public officer revealing secrets of private individual. Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos.

REPUBLIC ACT NO. 3720: Section 11. The following acts and the causing thereof are hereby prohibited:

(f) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any information acquired under authority of Section nine, or concerning any method or process which as a trade secret is entitled to protection.

TRIPS, Article 39 1. In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3.

2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (10) so long as such information:

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

3. Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.

CIVIL CODE, Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants.