2013 (Political Law) Bar Exam Questions: Essay Question 3

[Answer/discuss the question below. Or see Political Law Instructions; Political Law Essay Questions: 1, 24, 5, 6, 7, 8, 9, 10, 11 and 12; Political Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

III.

A robbery with homicide had taken place and Lito, Badong and Rollie, were invited for questioning based on the information furnished by a neighbor that he saw them come out of the victim’s house at about the time of the robbery/killing. The police confronted the three with this and other information they had gathered, and pointedly accused them of committing the crime.

Lito initially resisted, but eventually broke down and admitted his participation in the crime. Elated by this break and desirous of securing a written confession soonest, the police called City Attorney Juan Buan to serve as the trio’s counsel and to advise them about their rights during the investigation.

Badong and Rollie, weakened in spirit by Tito’s early admission, likewise admitted their participation. The trio thus signed an joint extra-judicial confession which served as the main evidence against them at their trial. They were convicted based on their confession.

Should the judgment of conviction be affirmed or reversed on appeal? (5%)

8 comments

  1. reversal.

    the constitutional rights of the accused, such as the right to be informed of their right to remain silent and to counsel, the right to be silent, and the right to be assisted by a competent and independent counsel of their own choice; were not duly-accorded to them.

    crucial is the fact that the CITY ATTORNEY is in a capacity that would make him more inclined in prosecuting the accused rather than protecting them and therefore he is NOT a COMPETENT and INDEPENDENT COUNSEL to represent them.

    accordingly, the joint extra-judicial confession is inadmissible as evidence and the reversal of conviction is warranted.

  2. Another issue spotter. When lito made the confession, he was not assisted by counsel. Custodial investigation begun when the police pointedly accused them of having committed the crime.

    1. What’s wrong with you guys? Unless the question asks for an enumeration or something objective, everything is about spotting the issue. If you say “another spotting the issue”, there’s an erroneous assumption that in other questions, there’s no need to use the legal brain.

      1. Maipilit kasi nila brod yung method nila. Para tuloy ang labas hindi nakita ng iba ang issues at nagsulat na lang basta.

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