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Philippine Bar review · Question

Practice question: Appeal to the CTA En Banc

Multiple Choice Medium

Practice question

A party seeks a new trial using records it possessed at trial but deliberately chose not to present. It invokes the newly-discovered-evidence ground without another justification. Which is strongest?
  1. Any unused evidence is newly discovered
  2. Changing strategy establishes diligence
  3. The En Banc must accept every omitted record
  4. No materiality requirement exists
  5. Deliberate nonpresentation does not establish inability to discover and produce the records with reasonable diligence

Legal references

  • Revised Rules of the Court of Tax Appeals, A.M. No. 05-11-07-CTA, Rules 8, 9, 15 and 16: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html

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