Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Medium

Practice question

A detained person who cannot read places a thumbmark on a custodial report. Counsel never reads or explains it in a language the person understands. The officer says thumbmarking automatically makes the report valid. What does Section 2(c) provide?
  1. A thumbmark always proves understanding
  2. Only literate persons receive the safeguard
  3. The officer’s confidence replaces counsel’s explanation
  4. Without the prescribed reading and adequate explanation, the report is null, void and without effect
  5. Explanation may always wait until conviction

Legal references

  • RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 2(c).

Answer this question in flashcards to review your response and continue practicing.