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Philippine Bar review · Question

Practice question: Disqualification of Witnesses

Multiple Choice Hard

Practice question

The court denies the motion to discharge an accused as State witness. May the prosecution automatically use the sworn statement submitted in support of that denied motion?
  1. No; Section 17 expressly makes that sworn statement inadmissible when discharge is denied.
  2. Yes, denial automatically authenticates and admits it.
  3. Yes, the general ability to testify repeals that protection.
  4. Yes, every denied application is a confession usable without limits.
  5. Yes, the applicant’s consent can simply be presumed forever.

Legal references

  • A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, current Rule 130, Sections 10-24 as specified: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
  • Rules of Court, Rule 119, Section 17, special conditions for discharge as State witness: https://lawphil.net/courts/rules/rc_110-127_crim.html

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