Philippine Bar review · Question

Practice question: Effect of Illegal Search and Seizure

Multiple Choice Hard

Practice question

After excluding illegally seized evidence, the prosecution has no remaining evidence sufficient to prove the charged possession offense. It asks conviction because the officers intended to combat crime. Which is best?
  1. The court cannot convict without the required lawful proof
  2. Good intention supplies every missing element
  3. The court may secretly rely on the excluded item
  4. The accused must prove innocence to cure the state’s failure
  5. Every unlawful search automatically invalidates all independent evidence in all cases

Legal references

  • People v. Sapla, G.R.244045, June16 2020: https://lawphil.net/judjuris/juri2020/jun2020/gr_244045_2020.html

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