Home›Bar Review›2010›Remedial Law›Question I
Question I
On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio. To prove the qualifying circumstance of evident premeditation, the prosecution introduced on December 11, 2009 a text message, which Mabini's estranged wife Gregoria had sent to Emilio on the eve of his death, reading: "Honey, pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma tsugi k ."
a. A subpoena ad testificandum was served on Gregoria for her to be presented for the purpose of identifying her cellphone and the text message. Mabini objected to her presentation on the ground of marital privilege. Resolve. (3%)
b. Suppose Mabini's objection in question A was sustained. The prosecution thereupon announced that it would be presenting Emilio's wife Graciana to identify Emilio's cellphone bearing Gregoria's text message. Mabini objected again. Rule on the objection. (2%)
c. If Mabini's objection in question B was overruled, can he object to the presentation of the text message on the ground that it is hearsay? (2%)
d. Suppose that shortly before he expired, Emilio was able to send a text message to his wife Graciana reading " Nasaksak ako. D na me makahinga. Si Mabini ang may gawa ni2 ." Is this text message admissible as a dying declaration? Explain. (3%)
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