2010 Remedial Law, Q1

On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio.
To prove the qualifying circumstance of evident premeditation, the prosecution introduced on December 11, 2009 a text message, which Mabini’s estranged wife Gregoria had sent to Emilio on the eve of his death, reading: “Honey, pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma tsugi k.”
a. A subpoena ad testificandum was served on Gregoria for her to be presented for the purpose of identifying her cellphone and the text message. Mabini objected to her presentation on the ground of marital privilege. Resolve. (3%)
b. Suppose Mabini’s objection in question A was sustained. The prosecution thereupon announced that it would be presenting Emilio’s wife Graciana to identify Emilio’s cellphone bearing Gregoria’s text message. Mabini objected again. Rule on the objection. (2%)
c. If Mabini’s objection in question B was overruled, can he object to the presentation of the text message on the ground that it is hearsay? (2%)
d. Suppose that shortly before he expired, Emilio was able to send a text message to his wife Graciana reading “Nasaksak ako. D na me makahinga. Si Mabini ang may gawa ni2.” Is this text message admissible as a dying declaration? Explain. (3%)

Quick check

What is the legal effect of the spousal disqualification rule under Rule 130 of the Rules of Court?

Who may validly identify and authenticate a text message as electronic evidence under the Rules on Electronic Evidence?

Why is an out-of-court text message sent by a third party inadmissible to prove the truth of its contents?

Which of the following is a requisite for a statement to be admissible as a dying declaration?

How does the spousal disqualification rule affect the admissibility of a text message presented through a third party?

Learn more about these topics

1. Marital Disqualification Rule
Under Section 23, Rule 130 of the Rules of Court, a husband or wife cannot testify against the other spouse during marriage without the consent of the affected spouse, except in a civil case by one against the other or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. This privilege applies strictly to spousal testimony in court. However, non-spousal third parties are not barred from testifying or presenting physical or electronic evidence obtained from independent sources.

2. Electronic Evidence Rules
Under the Rules on Electronic Evidence, an electronic message or text message is functional as documentary evidence if authenticated by a witness who either authored it, received it, or observed its receipt. A third-party witness who lawfully possesses a mobile device containing a text message may testify to authenticate the receipt and contents of that electronic communication. While authentication permits the introduction of the electronic document, its ultimate admissibility remains subject to general exclusionary rules of evidence, including hearsay and spousal privilege.

3. Dying Declaration Exception
Under Section 38, Rule 130 of the Rules of Court, a statement made by a dying person under the consciousness of impending death is admissible as evidence in a criminal case where the declarant's death is the subject of inquiry. To qualify as an admissible dying declaration, the statement must concern the cause and surrounding circumstances of the declarant's impending death, and the declarant must have been competent as a witness had he survived. A text message sent by a fatally injured victim immediately prior to expiring satisfies these requirements.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026