Tuesday, January 20, 2009

Philippine bar exam questions 2008 (Remedial Q16)

The mutilated cadaver of a woman was discovered near a creek. Due to witnesses attesting that he was the last person seen with the woman when she was still alive, Carlito was arrested within five hours after the discovery of the cadaver and brought to the police station. The crime laboratory determined that the woman had been raped. While in police custody, Carlito broke down in the presence of an assisting counsel and orally confessed to the investigator that he had raped and killed the woman, detailing the acts he had performed up to his dumping of the body near the creek. He was genuinely remorseful. During the trial, the State prewented the investigator to testify on the oral confession of Carlito. Is the oral confession admissible as evidence of guilt? (4%)

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