Practice question
An exhibit is provisionally received on a promise of later identity proof. The expected witness becomes unavailable, and no other competent connecting evidence is supplied by the court’s stated deadline. The proponent says unavailability automatically converts provisional reception into final admissibility. Which is correct?
- The evidentiary condition remains unsatisfied; the procedural difficulty does not supply the missing connection
- Unavailability automatically proves identity
- Every provisional item becomes final when a witness is absent
- The original promise is conclusive proof
- The opponent must authenticate the proponent’s exhibit
Legal references
- AM19-08-15-SC, effectiveMay1,2020, Rules128 Sections3–4;129 Section4;130 Sections21–22,28,37;132 Sections34,39: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
- People v Yatco, GRL-9181, November28,1955, MAIN opinion, conditional reception and final exclusion, read with current evidence rules: https://lawphil.net/judjuris/juri1955/nov1955/gr_l-9181_1955.html
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