Philippine Bar review · Question

Practice question: Secondary Evidence

Multiple Choice Medium

Practice question

A contract original was destroyed by an accidental fire. Its execution and destruction without bad faith are established, and a reliable copy is available. May the proponent use section 5 rather than insist the case is impossible?
  1. No, destruction permanently prevents proof.
  2. Yes, the established foundation permits the listed secondary means, subject to other admissibility requirements.
  3. Yes, the copy automatically proves every claim conclusively.
  4. No, only a party confession can replace an original.
  5. Yes, without any need to establish the copy’s relationship to the original.

Legal references

  • https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 130 sections 3–9: original-document exceptions, duplicates, unavailable originals, adverse custody, summaries and public records.

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