Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Medium

Practice question

A witness learned a private conversation solely by an interception stipulated to violate Republic Act No. 4200. The witness offers an oral account of its substance in a covered hearing and says exclusion cannot apply without offering a tape. No exception or independent source exists. What is the best response?
  1. Oral retelling always cures the unlawful source.
  2. Only the recorder’s physical weight determines exclusion.
  3. Destroying the tape automatically makes its contents admissible.
  4. Section 4 covers the communication’s substance and information; changing to oral retelling does not by itself avoid it.
  5. The statute applies only when the witness uses a microphone in court.

Legal references

  • Republic Act No. 4200, Sections 1 and 4: https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html

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