Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Hard Jurisprudence

Practice question

All participants authorize recording a private meeting, and the recording is made within that authorization. No constitutional violation or other statutory defect is alleged. A party nevertheless seeks exclusion solely on the assertion that Republic Act No. 4200 makes every private-conversation recording unlawful, even with all-party authorization. Which answer is best?
  1. Every authorized recording is necessarily a criminal interception.
  2. The asserted categorical ground is incorrect; the statute’s prohibited-manner requirement cannot be established merely from the fact of an authorized recording.
  3. A recording’s accurate content automatically proves illegality.
  4. All-party authorization is expressly forbidden in every private meeting.
  5. Rejecting this objection proves every other evidentiary requirement is satisfied.

Legal references

  • Republic Act No. 4200, Sections 1 and 4: https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html
  • Ramirez v. Court of Appeals, G.R. No. 93833, September 28, 1995, main decision: https://lawphil.net/judjuris/juri1995/sep1995/gr_93833_1995.html

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