Practice question
A party deliberately destroys an original in bad faith to avoid producing unfavorable terms, then invokes Section5’s unavailable-original route. Does the mere fact of destruction establish that route?
- No; absence of the offeror’s bad faith is part of the required foundation
- Yes; deliberate destruction is always rewarded with unrestricted secondary proof
- Yes; destruction eliminates all foundational requirements
- Only the size of the document matters
- Only the witness’s handwriting matters
Legal references
- AM19-08-15-SC, Rule130 Sections3–9: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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