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VVocatus · Bar Exam Practice

Political Law, 2013 Bar — Question III

Political Law
2013 BarPolitical LawQ. III

QUESTION

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 Lito's early admission, likewise admitted their participation. The trio thus signed a 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%)

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