Philippine Bar review · Question

Practice question: Privileges

Multiple Choice Hard Jurisprudence

Practice question

A qualifying Letter of Request expressly specifies a privilege under the Requesting Authority's law, and the witness establishes that it protects the evidence sought. The proponent says only Philippine privileges may ever be recognized in execution. Which response follows Section 33?
  1. The objection is correct because subsection (b) has no effect
  2. The foreign rule automatically overrides every unrelated issue
  3. Section 33(b) also recognizes the specified Requesting-law privilege or duty; the domestic-only claim is incorrect
  4. Specification alone makes all requested evidence conclusively true
  5. Foreign privileges abolish the applicable Convention condition

Legal references

  • A.M. No. 25-02-17-SC, Sections 1, 2(s), 11, 32–33; Convention applicability assumed only when in force between the relevant States: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/98634

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