Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An affidavit establishes electronic-document admissibility matters. May the proponent insist that the affiant need never affirm it in court and is immune from cross-examination?
  1. No; Rule 9, Section 2 requires open-court affirmation and permits cross-examination as of right.
  2. Yes, every electronic affidavit is unchallengeable.
  3. Yes, notarization eliminates the rule’s examination requirement.
  4. Yes, only the proponent may ever question the affiant.
  5. Yes, the affidavit becomes a final judgment automatically.

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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