Philippine Bar review · Question

Practice question: Privileges

Multiple Choice Hard Jurisprudence

Practice question

Assume the Hague Evidence Convention is in force between the relevant States and A.M.25-02-17-SC applies. A foreign company sends its employee an internal instruction asserting a privilege under the Requesting Authority’s law. That privilege was not specified in the Letter of Request, and no Philippine-law protection is established. Is the employer’s instruction alone enough under Section33(b)?
  1. No; the foreign-law route includes specification in the Letter of Request
  2. Yes; an employer’s later instruction replaces the Letter
  3. Yes; every foreign claim is automatically conclusive
  4. Only the witness’s seniority matters
  5. Only the letterhead color matters

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

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