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Philippine Bar review · Question

Practice question: Requisites of Valid Waiver

Multiple Choice Medium Jurisprudence

Practice question

A prosecutor responsible for the case offers to serve as the suspect’s assisting counsel for signing a custodial waiver. The prosecutor relies only on being a licensed lawyer. What rule applies?
  1. Any licensed lawyer is automatically eligible despite the statutory exclusion
  2. Section 3 excludes a lawyer charged with prosecution from the assisting-counsel category
  3. The prosecutor’s signature removes every constitutional safeguard
  4. Only the suspect’s employer decides the exclusion
  5. The lawyer’s preferred title controls the statute

Legal references

  • RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 3.
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 12(1).

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