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Philippine Bar review · Question

Practice question: Rights of the Accused

Multiple Choice Hard

Practice question

A prosecution witness dies before the current trial. The prosecution offers the witness’s testimony from a prior judicial proceeding involving the same parties and subject matter, where the accused had a meaningful opportunity to cross-examine. Assume all applicable evidentiary and procedural conditions are met. The accused says confrontation necessarily bars every use of such testimony despite Rule 115. Which is correct?
  1. The right always requires impossible recall of every deceased witness
  2. Rule 115 expressly recognizes the stated prior-testimony situation; the categorical bar is incorrect on the stipulated facts
  3. A witness’s death automatically convicts the accused
  4. Any statement by any stranger becomes admissible
  5. The prosecution need not establish the stipulated conditions

Legal references

  • Revised Rules of Criminal Procedure, Rule 115, Section 1: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html; Section 1(f).

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