CLJ 5 – EVIDENCE

First Semester, Academic Year 2022-2023

ACTIVITY 1: CASE ANALYSIS

Instruction:

1. Read, Understand and Analyze the following case/situation/scenario.

2. Answer the same applying the general principles of criminal law and circumstances
affecting criminal liability.
3. A mere yes or no answer will not be given credit.
4. Do not intend to copy the answer of your classmates (same answer will be dealt with
seriously).
5. Good luck and God Bless!

CASES/SITUATIONS/SCENARIOS:

A. Rey was accused of committing a violation of the Human Security Act. He was
detained incommunicado, deprived of sleep, and subjected to water torture. He
later allegedly confessed his guilt via an affidavit. After trial, he was acquitted on
the ground that his confession was obtained through torture, hence, inadmissible
as evidence. In a subsequent criminal case for torture against those who deprived
him of sleep and subjected him to water torture, Rey was asked to testify and to,
among other things, identify his above-said affidavit of confession. As he was
about to identify the affidavit, the defense counsel objected on the ground that the
affidavit is a fruit of a poisonous tree. Can the objection be sustained? Explain. (10
Points)

B. Defendant Amor was declared in default by the RTC. Plaintiff Jay was allowed to
present evidence in support of his complaint. Photocopies of official receipts and
original copies of affidavits were presented in court, identified by Jay on the
witness stand and marked as exhibits. Said documents were offered by Jay and
admitted in evidence by the court on the basis of which the RTC rendered
judgment in favor of Jay, pursuant to the relief prayed for. Upon receipt of
judgment, Amor appeals to the Court of Appeals claiming that the judgment is not
valid because the RTC based its judgment on mere photocopies and affidavits of
persons not presented in court. Is the claim valid? Explain. (10 Points)

Instructor: SHERWIN H. PINALGAN Facebook Account: www.facebook.com.ph/sherwinhpinalgan

Mobile Number: +63 919 002 7591 Email Address: shpinalgan14@gmail.com
 C. The barangay captain reported to the police that Mando was illegally keeping in
his house in the barangay an Armalite M16 rifle. On the strength of that
information, the police conducted a search of the house of Mando and indeed
found said rifle. The police raiders seized the rifle and brought Manod to the police
station. During the investigation, he voluntarily signed a Sworn Statement that he
was possessing said rifle without license or authority to possess, and a Waiver of
Right to Counsel, individually rule on the admissibility in evidence of the: (30
Points)

1. Rifle;

2. Sworn Statement;

3. Waiver of Rights to Counsel.

Note:

1. Encode/Type in a legal-size paper using the standard format. If there are no other
means of encoding, you may write in a clean sheet of yellow paper. (Filename: Activity
1 – Prelims)

2. Submit the above activity/ies on or before 5:00PM of October 10, 2022 (Monday) using
our portal.

3. Do not do the activity/ies for the sake of compliance. You must read and understand
the recommended books/resources.

4. Lastly, you may send your concern to the contact details provided below.

5. Keep safe and God Bless!

Instructor: SHERWIN H. PINALGAN Facebook Account: www.facebook.com.ph/sherwinhpinalgan

Mobile Number: +63 919 002 7591 Email Address: shpinalgan14@gmail.com