Philippine Bar review · Question

Practice question: Relevance; Collateral Matters

Multiple Choice Medium

Practice question

In a slip-and-fall case disputing whether a walkway was wet, a witness describes rain entering through a damaged roof immediately before the fall. Is that necessarily irrelevant merely because the witness did not see the fall itself?
  1. Yes, only eyewitnesses to the fall can give relevant evidence.
  2. No; the described conditions may reasonably bear on whether the walkway was wet, subject to other requirements.
  3. Yes, surrounding circumstances never matter.
  4. No; the testimony automatically establishes every negligence element.
  5. Yes, because rain is always a collateral distraction.

Legal references

  • https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 128 sections 3–4: admissibility, relation to fact in issue and collateral matters; Rule 132 section 34: purpose of offer.

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