Remedial Law, 2015 Bar — Question XIV-B

ESSAY

Pedro was charged with theft for stealing Juan’s cellphone worth P20,000.00. Prosecutor Marilag at the pre-trial submitted the judicial affidavit of Juan attaching the receipt for the purchase of the cellphone to prove civil liability. She also submitted the judicial affidavit of Mario, an eyewitness who narrated therein how Pedro stole Juan’s cellphone. At the trial, Pedro’s lawyer objected to the prosecution’s use of judicial affidavits of her witnesses considering the imposable penalty on the offense with which his client was charged. Is Pedro’s lawyer correct in objecting to the judicial affidavit of Juan? (2%)

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