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Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Hard

Practice question

An adult first executes a valid counseled waiver. Later, in counsel’s absence, officers take a written extrajudicial confession witnessed only by an unrelated private guard who is not among Section 2(d)’s listed alternatives. No other prescribed witness is present. They argue the earlier waiver eliminates every remaining confession safeguard. Which is correct?
  1. The valid waiver does not remove Section 2(d)’s separate prescribed witness conditions for the confession in counsel’s absence
  2. Any person automatically qualifies as a listed witness
  3. An earlier waiver makes a signature unnecessary
  4. The guard becomes a lawyer by witnessing
  5. The confession’s title overrides the statute

Legal references

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

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