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Question VIII

2010 Bar · Remedial Law · 1 sub-question

Dominique was accused of committing a violation of the Human Security Act. He was detained incommunicado, deprived of sleep, and subjected to water torture. He later allegedly confessed his guilt via an affidavit. After trial, he was acquitted on the ground that his confession was obtained through torture, hence, inadmissible as evidence. In a subsequent criminal case for torture against those who deprived him of sleep and subjected him to water torture, Dominique was asked to testify and to, among other things, identify his above-said affidavit of confession. As he was about to identify the affidavit, the defense counsel objected on the ground that the affidavit is a fruit of a poisonous tree. Can the objection be sustained? Explain. (3%)

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