Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Hard

Practice question

During a private confrontation in a closed room, one participant secretly uses a tape recorder without the other's authorization. No lawful exception applies. When a transcript is offered in an administrative investigation, the proponent argues that participant status and the noncriminal forum together guarantee admissibility. Which is best?
  1. Both facts automatically validate the recording
  2. Only recordings by strangers can be excluded
  3. Administrative investigations have no evidence restrictions
  4. Neither argument defeats the stipulated statutory violation and Section 4 exclusion
  5. The transcript becomes public property immediately

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 opinion: https://lawphil.net/judjuris/juri1995/sep1995/gr_93833_1995.html

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