Philippine Bar review · Question

Practice question: Electronic Evidence (AM 01-7-01-SC)

Multiple Choice Hard

Practice question

A witness’s affidavit says only I am an expert and all records are correct, without facts of personal knowledge, authentic-record basis or affirmative competence for those matters. Which Rule 9 issue arises?
  1. The title conclusively supplies every omitted fact.
  2. The affidavit must establish the required factual basis and affirmative competence, not merely use conclusions.
  3. The court must accept any affidavit regardless of foundation.
  4. The opponent must write the missing personal observations.
  5. The phrase expert makes all electronic data infallible.

Legal references

  • A.M. No. 01-7-01-SC, Rules on Electronic Evidence, Rules 7-9: https://lawphil.net/courts/supreme/am/am_01-7-01_sc_2001.html

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