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Philippine Bar review · Question

Practice question: Exclusionary Rule

Multiple Choice Medium

Practice question

Police obtain a custodial confession through threats. They argue that the confession should be admitted against its maker because it contains accurate details. How should the court address that argument?
  1. Accuracy automatically cures coercion.
  2. The maker must consent to prosecution before any evidence can be used.
  3. The confession is excluded because accuracy does not cure the constitutional violation.
  4. Every independent item of evidence is automatically destroyed.
  5. The court must convict because the statement was detailed.

Legal references

  • 1987 Constitution, Article III, section 12, https://lawphil.net/consti/cons1987.html
  • Republic Act No. 7438, sections 2–3, https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html

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