Practice question
Assume the Hague Evidence Convention is in force between the relevant States and A.M.25-02-17-SC applies. The executing court orders production. The witness establishes a genuine Philippine-law duty to refuse the particular evidence. Counsel demands automatic contempt under Section32 solely because no production occurred, without considering Section33. Which is correct?
- The court must account for the established protection; Section32 addresses failure without adequate cause
- Every protected refusal is automatically contempt
- Compulsion repeals Section33
- A foreign request eliminates all Philippine duties
- Only the requesting party may decide contempt
Legal references
- AM25-02-17-SC, March4,2025, Sections1–2,18–20,32–33; applicability conditional on Convention entry into force between relevant States: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/98634
Answer this question in flashcards to review your response and continue practicing.