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Philippine Bar review · Question

Practice question: Rights of Accused at Trial

Multiple Choice Hard

Practice question

The prosecution offers an unavailable witness’s earlier administrative testimony. The same parties and subject matter were involved, but the accused had no opportunity to cross-examine. Which conclusion follows the cited Rule115 provision?
  1. The missing opportunity prevents reliance on that provision
  2. Administrative origin alone makes every transcript admissible
  3. Unavailability automatically replaces cross-examination
  4. An official seal establishes opportunity that never existed
  5. The accused must disprove every transcript statement first

Legal references

  • Rules115–116, Revised Rules of Criminal Procedure: https://lawphil.net/courts/rules/rc_110-127_crim.html

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