Remedial Law, 2022 Bar — Question I-14

ESSAY

Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell. During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor, armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same man was seen hastily leaving the premises. Vanya further testified that she was the one who transferred to the flash drive the video footages from the barangay-owned CCTV that was located outside their apartment. When the footages were played in court and an enlarged screenshot was presented, Vanya identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder of the video footages. Are the CCTV footages admissible as electronic evidence? Explain briefly.

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