Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Hard

Practice question

Government investigators intercept a business owner's private communications without lawful authority. The court determines that the interception violated Article III. A legislative committee then seeks to use the same contents, claiming its hearing is merely fact-finding and the information is crucial. The owner timely invokes exclusion. Which is best?
  1. Importance always overrides the violation
  2. Only the police may listen to the contents
  3. A legislative committee can retroactively authorize any interception
  4. The constitutional rule applies only after conviction
  5. The committee's label and asserted importance do not remove constitutional exclusion

Legal references

  • 1987 Constitution, Article III, Sections 2 and 3: https://lawphil.net/consti/cons1987.html

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