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Question 17

2024 Bar · Political Law · 1 sub-question

17. Kenneth had a romantic relationship with Mabel, a 14-year-old minor. Kenneth and Mabel constantly exchanged pictures through online messaging applications. One day, Kenneth rented a laptop in a computer shop and had an online chat and videocall with Mabel. Kenneth left the shop but forgot to logout his social media account. The next customer read the sensual conversations between Kenneth and Mabel as well as their nude videos and photos. The customer reported the matter to the police. Accordingly, Kenneth was charged with violation of Republic Act No. 11930 or the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials. At the trial, Kenneth objected to the admissibility of the pictures and videos as evidence for having been obtained against his right to privacy. Are the pictures and videos admissible in evidence to prosecute Kenneth of the criminal offense? Explain.

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