Practice question
The CTA raises an evidentiary issue not previously litigated, and a party seeks to submit a relevant document in response. The court invokes flexibility but proposes relying on the document without letting the opponent examine its validity or authenticity. Under CIR v. Marily Development Corporation, which is sound?
- Reopening necessarily eliminates all objections
- The document may be received under justified circumstances, while the opponent retains the opportunity to examine and object
- The first party to submit wins automatically
- The CTA can never reopen for further evidence
- The opponent's rights exist only if the document is unfavorable to the government
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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