Log In Create Account

Philippine Bar review · Question

Practice question: Use, Effect, and Admissibility of Evidence Taken Abroad

Multiple Choice Hard Jurisprudence

Practice question

Evidence returns under an otherwise proper Letter of Request, but a party shows it was obtained through coercive measures incompatible with Philippine procedural safeguards. The proponent argues foreign collection automatically settles admissibility. Which is correct?
  1. Every foreign collection method overrides Philippine due process
  2. A Letter of Request eliminates privilege and due process
  3. Only courier compliance matters
  4. Section 20 requires the court to consider the due-process defect and applicable admissibility standards
  5. The proponent alone conclusively determines admissibility

Legal references

  • A.M. No. 25-02-17-SC, Sections 1, 11 and 18–20.
  • Reviewed primary authority, Sections 1, 11 and 18–20; all applications conditional on applicable Convention framework: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/98634

Answer this question in flashcards to review your response and continue practicing.