Practice question
A witness was unconscious during the alleged transaction but can speak clearly at trial. The proponent offers the witness’s own supposed account of that transaction without any personal perception. Does present communication ability alone supply the missing personal knowledge?
- No; testimony must still rest on the witness’s own perception
- Yes; present speech creates knowledge of past unseen events
- Yes; ability to communicate replaces every foundation
- Yes; all relevant guesses are competent testimony
- Yes; a clear voice makes hearsay impossible
Legal references
- AM19-08-15-SC, effectiveMay1,2020, Rules128 Sections3–4;129 Section4;130 Sections21–22,28,37;132 Sections34,39: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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