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Question 11

2022 Bar · Remedial Law · 1 sub-question

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the police in flagrante delicto as the incident happened in a public place with many witnesses present. Videos of the incident were also posted online which the judge was able to watch. During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC) accepted the plea because it was made voluntarily and with full understanding of the consequences. The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and found Cain guilty beyond reasonable doubt based solely on his plea of guilt. Was Cain’s conviction proper? Explain briefly. (5 points) 12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule on Cybercrime Warrants. (5 points) 13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel objected. 1âшphi1 If you were the judge, how would you rule on the objection? Explain briefly. (5 points) 14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell. During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor, armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same man was seen hastily leaving the premises. Vanya further testified that she was the one who transferred to the flash drive the video footages from the barangay-owned CCTV that was located outside their apartment. When the footages were played in court and an enlarged screenshot was presented, Vanya identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder of the video footages. Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points) 15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by the accused showing personal receipt of the sum of money from the private complainant to prove the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a mere reproduction of the original in violation of the original document rule. The court overruled the accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt. Did the court err in admitting the photocopy? Explain briefly. (5 points) The Lawphil Project - Arellano Law Foundation

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