Practice question
A court is asked to admit material on which a constitutional exclusion has already been correctly found applicable. The proponent invokes 'substantial justice' and offers to let the opponent cross-examine, arguing that this cures the constitutional violation. Which response is correct?
- Cross-examination automatically cures every constitutional exclusion
- A helpful fact is admissible regardless of how the Constitution applies
- An important case suspends the Bill of Rights
- A procedural opportunity to contest the material does not by itself erase an applicable constitutional exclusion
- Liberality requires conviction whenever the excluded material looks persuasive
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 1, Section 6 (liberal construction for a just, speedy, inexpensive determination).
- https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, 2019 Revised Rules on Evidence, effective May 1, 2020; Rules 128 §§1–4, 130 §§1–2, 131 §1, and 133 §§1–2,6.
- https://lawphil.net/judjuris/juri2025/apr2025/gr_263794_2025.html — CIR v. Marily Development Corporation, G.R. No. 263794, April 2, 2025, MAIN decision (justified evidentiary reopening and opportunity to examine and object).
- https://lawphil.net/judjuris/juri2022/apr2022/gr_248304_2022.html — Agapito v. Aeroplus Multi-Services, Inc., G.R. No. 248304, April 20, 2022, MAIN decision (limits on procedural and evidentiary liberality).
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§2–3,12,14 (exclusionary protections and due process).
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