Tuesday, January 20, 2009

Philippine bar exam questions 2008 (Remedial Q14)

On August 15, 2008, Edgardo committed estafa against Petronilo in the amount of P3 Million. Petronilo brought his complaint to the National Bureau of Investigation, which found that Edgardo had visited his lawyer twice, the first time on August 14, 2008 and the second on August 16, 2008; and that both visits concerned the swindling of Petronilo. During the trial of Edgardo, the RTC issued a subpoena ad testificandum to Edgardo's lawyer for him to testify on the conversation during their first and second meetings. My the subpoena be quashed on the ground of privileged communication? Explain fully. (4%)

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