Practice question
During custodial questioning without warnings, counsel or a valid waiver, a suspect makes a limited incriminating admission but does not confess every element of the charge. Prosecutors offer it against the maker, arguing Section 12(3) excludes only complete confessions. Which is correct?
- The incomplete nature automatically makes it admissible
- An officer may avoid exclusion by changing the document title
- Only confessions in a court are constitutionally protected
- Every admission is admissible if recorded clearly
- The express exclusion also covers an admission obtained in violation of the protected rights
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 12(1), (3).
- RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html
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